State v. Byseem T. Coles (070653)

95 A.3d 136, 218 N.J. 322, 2014 N.J. LEXIS 1079
CourtSupreme Court of New Jersey
DecidedMay 19, 2014
DocketA-15-12
StatusPublished
Cited by97 cases

This text of 95 A.3d 136 (State v. Byseem T. Coles (070653)) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Byseem T. Coles (070653), 95 A.3d 136, 218 N.J. 322, 2014 N.J. LEXIS 1079 (N.J. 2014).

Opinions

Justice LaVECCHIA delivered the opinion of the Court.

This appeal involves the validity of the warrantless search of the bedroom of defendant, Byseem Coles, a young adult, nine days shy of twenty years old when the events pertinent to this appeal [327]*327occurred. Defendant lived with other family members in his aunt’s home in Camden where he had his own bedroom. The bedroom door had a padlock on it to keep others, especially young children living in the household, from getting into his private belongings.

On the evening of March 18, 2008, when defendant was walking in the neighborhood in which he lived, he was detained by a police officer investigating a reported robbery in the area. After a showup in which the robbery victim failed to identify defendant as the perpetrator, and after a search of defendant’s person that produced no evidence linking defendant to the crime, defendant’s detention was continued because he had no identifying documents on his person. At defendant’s urging, two officers walked a few houses over from where defendant was being held in a patrol car to ask one of defendant’s relatives to confirm that he lived at the address he had given the police. Instead of merely confirming defendant’s identity and that he lived in the home, the inquiries by the police turned into a concerted effort to obtain defendant’s aunt’s permission to search defendant’s bedroom. During the ensuing search, weapons unrelated to the robbery under investigation were found in his room.

We conclude that defendant’s detention was unlawful. The police lacked probable cause to continue his detention after the showup and the search of defendant produced no evidence linking him to the crime. Although the police officers were entitled to a reasonable, but brief, opportunity to confirm defendant’s identity, that identification was accomplished at the threshold of defendant’s home. When the police efforts turned immediately thereafter to securing from defendant’s aunt consent to search defendant’s bedroom, their actions were premised on the belief that the man held in the patrol car was Byseem Coles. However, at that point, defendant’s detention ceased to be lawful. The interactions with defendant’s aunt cannot be disentangled from the unlawful detention of defendant in a patrol car parked a few houses down the street. Thus, the objective reasonableness of this asserted [328]*328consent-based search founders on the unlawfulness of the police detention of defendant in the totality of these circumstances.

Accordingly, under the totality of these circumstances, we hold that the warrantless search of defendant’s bedroom was not objectively reasonable, and we base that holding on the protection provided by Article I, Paragraph 7 of the New Jersey Constitution against unreasonable searches of one’s home and personal living space. See State v. Evers, 175 N.J. 355, 384, 815 A.2d 432 (2003) (granting privacy interests in home “the highest degree of respect and protection in the framework of our constitutional system”).

Although our decision is based on state constitutional law, our holding is bolstered by Fourth Amendment principles. Federal case law supports the conclusion that a warrantless consent-based search is objectively unreasonable and unconstitutional when premised on defendant’s illegal detention. See Fernandez v. California, 571 U.S. -,-, 134 S.Ct. 1126, 1134, 188 L.Ed.2d 25, 35 (2014).

I.

A.

The facts as summarized are based on the testimony from the hearing conducted by the suppression court. Differences between what the officer learned at the scene and the information elicited at the suppression hearing are highlighted.

At 11:34 p.m. on May 18, 2009, Sergeant Zsakhiem James of the Camden City Police Department responded to a report of a robbery in Camden. The dispatcher informed James that a “male had just robbed a female in the area of the 1100 block of Lakeshore Drive” and described the perpetrator as a “black male wearing black pants and a gray hooded sweatshirt.” James testified that there was “information that [the perpetrator] used a weapon,” which James believed to be a handgun.

[329]*329According to James, he arrived at the location within “minutes” and began driving from the 1100 block, where the crime took place, toward the 1300 block. James saw defendant, who matched the description of the robber, walking in James’s direction on the street where the crime took place; in other words, defendant was walking toward his home, which was situated between defendant and the officer’s approaching vehicle. James exited his vehicle, approached defendant, and engaged him in conversation. James testified that he detained defendant because he gave suspicious answers to questioning about where he was coming from1 and because defendant appeared “nervous” and “fidgety.” James conducted a Terry2 frisk and called for a backup unit because a police dog occupied the back of his K-9 vehicle and he had no other place in which to secure defendant. The patdown of defendant revealed no weapons or any evidence of the robbery. Nevertheless, defendant was placed in the back seat of the backup unit that had arrived.

James then asked defendant where he lived. Defendant replied that he lived at 1287 Lakeshore Drive, the block on which he had been walking; however, he was unable to produce identification to prove it. He told the officers that there were relatives at home with whom he lived — an aunt and a cousin — who could identify him.

At that point, the victim of the robbery arrived for a showup identification and defendant was removed from the police vehicle. The victim was unable to identify defendant as the perpetrator after viewing his face because, she said, “the robber had a mask on.” Based on defendant’s outfit — the ubiquitous black pants and grey hooded sweatshirt of many young urban males — the victim added that defendant’s clothes matched the clothes the robber had worn.

[330]*330The officers returned defendant to the back seat of the patrol car. James, along with a detective, walked six houses down the street to the residence at which defendant claimed to reside. A woman who identified herself as Thelma Coles, the homeowner, answered their knock on the door. ' James explained that the officers were investigating a robbery. He told Ms. Coles that they “had a young man in ... custody who[ ] identified himself as Byseem Coles and stated that he lived there.” They asked her “if she had any identification for him.” She replied that the officers could not have her nephew because she had “just heard him inside ... his room moving and banging around.” However, after having another family member cheek the bedroom while the officers waited at the threshold, she learned that he was not home.

B.

According to James, he then wanted to view defendant’s room himself because he believed that defendant had stopped home after committing the robbery and that evidence of the crime might be discovered in the bedroom. He repeatedly asked Ms. Coles for permission to view the room. Although other family members urged her not to agree, Ms. Coles ultimately agreed to let in only James.

She directed him to the bedroom at the top of the stairs leading from the front door.

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Bluebook (online)
95 A.3d 136, 218 N.J. 322, 2014 N.J. LEXIS 1079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-byseem-t-coles-070653-nj-2014.